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Split DC Circuit says federal judges cannot increase a prison sentence for rehabilitative reasons

By Douglas A. Berman

As detailed in this post from The BLT, the DC Circuit ruled yesterday that federal district judges "cannot use a greater likelihood of rehabilitation to justify a longer prison sentence for a criminal defendant."  The ruling comes is In re: Sealed Case, No. 08-3029 (DC Cir. July 28, 2009) (available here), which starts this way: Sentenced to eleven years in prison after pleading guilty to unlawful distribution of 2.1 grams of heroin, defendant appeals, arguing that the district court improperly sought to promote his rehabilitation through a longer term of imprisonment. Although defendant?s failure to object to the district court?s reasoning at sentencing limits us to plain error review, we agree that 18 U.S.C. § 3582(a) expressly prohibits sentencing courts from treating rehabilitation as a reason for imposing a longer term of imprisonment...continue to full post

Full post as published by Sentencing Law and Policy on July 29, 2009 (boomark / email).